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INS. CO. OF NORTH AMERICA v. WATERHOUSE

424 A.2d 675 (1980)

INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation, Plaintiff, v. Robert WATERHOUSE, M. D., Defendant and Third-Party Plaintiff, v. CHICAGO INSURANCE COMPANY, an Illinois Corporation, Third-Party Defendant and Fourth-Party Plaintiff, and COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, Third-Party Defendant, v. Alfred L. MELI and Meli Insurance Agency, Inc., Fourth-Party Defendants.

Superior Court of Delaware, New Castle County.

Decided December 4, 1980.

Attorney(s) appearing for the Case

Richard K. Herrmann, Bayard, Brill & Handelman, P. A., Wilmington, for plaintiff, Insurance Co. of North America.

Allen M. Terrell, Jr., Robert J. Katzenstein, Richards, Layton & Finger, Wilmington, for defendant and third party plaintiff, Robert Waterhouse, M. D.

William J. Cattie, III, Howard M. Berg, Berg, Heckler & Cattie, P. A., Wilmington, for third party defendant and fourth party plaintiff, Chicago Ins. Co.

Carl Schnee, Schnee & Castle, Wilmington, for third party defendant, Commercial Union Ins. Co.

James F. Kipp and Robert K. Pearce, Trzuskowski, Kipp, Kelleher & Pearce, P. A., Wilmington, for fourth party defendants Alfred L. Meli and Meli Ins. Agency, Inc.

WALSH, Judge.

This declaratory judgment action requires a determination of the respective responsibilities of several insurers under various policies of liability insurance issued to the defendant and third-party plaintiff, Robert Waterhouse, M.D. The action has its genesis in an automobile accident which occurred on November 16, 1975, resulting in the deaths of Dr. Waterhouse's 18 year old son, John, and the driver of the...

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